Landscaping is necessary to provide a well-balanced, aesthetically pleasing environment for the residents and visitors of Medical Lake. The purpose of the landscaping and screening requirements of this chapter are to increase compatibility between different intensities of land uses by providing visual barriers that interrupt the expanse of paved parking lots, screen undesirable views of surrounding properties, and provide a visual separation and physical buffer between varying intensities of abutting land uses. It is the intent of these requirements to reduce the impact of erosion and stormwater runoff; reduce heat, air and noise pollution; promote safety through reduced glare and reduction of congestion; visual separation of traffic movement; preserve and enhance the ecology of the region, to preserve and promote urban wildlife habitats; maintain and protect property values and enhance the natural character of the community.

(Ord. 876 §122, 1999).

This chapter shall apply to all permitted, accessory and conditional uses. The standards of this chapter shall apply to all development within the city except single-family and duplex structures and their accessory uses as permitted by Title 17 of the Medical Lake Municipal Code.

(Ord. 876 §123, 1999).

A building permit shall not be issued until the landscaping plan has been approved. The planning director shall review and may approve, approve with modifications or disapprove the landscape plans for all developments in accordance with the provisions of this chapter. At a minimum, the landscape plan shall contain:

(1)

A plant list including:

(A)

All plant materials to be used, keyed to plan(s) and defined by common name;

(B)

Quantity, size at planting and type of plants to be used;

(C)

Natural features or vegetation left in natural state;

(2)

Landscape design must include:

(A)

Boundaries and dimensions of the site;

(B)

Location and identification of all streets, alleys, and easements on or abutting the site;

(C)

Proposed location and dimensions of all on-site buildings;

(D)

Existing and proposed topography at contour intervals acceptable to the planning department;

(E)

Existing vegetation in general and identification of all evergreen trees greater than eight inches in diameter and all deciduous trees greater than twelve inches in diameter, as measured four feet above ground level, to be retained;

(F)

Details of any proposed berm, walls, retaining walls and similar architectural barriers; and

(G)

Location of existing and proposed driveways and parking surfaces, curbs and sidewalks;

(H)

Location and size of all existing and future planting areas on site;

(I)

Indication of screening and buffer plantings required by ordinance;

(J)

Natural or man-made features and water bodies;

(K)

Location and spacing of plants to be planted;

(L)

Designated recreational open space areas, pedestrian plazas and green areas;

(M)

An irrigation plan or specified method of watering and the type and location of all proposed lighting shall be included.

(3)

Any amendment to a landscape plan shall cause the plan to be resubmitted to scale in accordance with this section pursuant to the requirements of this chapter and shall be approved by the planning director when applicable prior to planting of any materials.

(Ord. 876 §124, 1999).

A building permit shall not be issued until the landscaping plan has been approved. At the time of development plan review, the planning director shall review specific landscape requirements with the owner or a representative. The planning director shall have the authority to waive specific requirements or impose additional requirements in unique or special circumstances to ensure the fulfillment of the stated purpose of this chapter and to allow for flexibility and innovation of design. Special circumstances or unique conditions shall be reviewed with the planning director prior to submittal of a landscape plan. Examples of special conditions might include:

(1)

Preservation of wildlife habitat;

(2)

Preservation of natural or native areas;

(3)

Compliance with special easements;

(4)

Renovation of existing landscaping.

(Ord. 876 §125, 1999).

(a)

The planning director may permit alternative landscaping when the overall site development plan, as proposed by the applicant, provides as good or better results than required by this section. The planning director may authorize reduced width of plantings or may waive some of the landscaping requirements in the following instances:

(1)

When the inclusion of significant existing vegetation located on the site would result in as good as or better satisfaction of the purposes of this section;

(2)

When the landscaping would interfere with the adequate flow of stormwater runoff as determined by the public works director along drainage easements and/or when the landscaping would interfere with the adequate treatment of stormwater in grassed percolation areas.

(b)

An alternative landscaping plan for an overall site development may be submitted and approved by the planning director when the landscaping plan as proposed meets the minimum standards and general intent of this chapter. The landscaping plan shall be processed simultaneously with the overall site development plan.

(Ord. 876 §126, 1999).

The following general standards shall apply to all landscaping required under this section:

(1)

All parking areas of over twenty thousand square feet shall have a minimum of ten percent of the parking area, maneuvering area and loading space landscaped as a means to reduce the barren appearance of the lot and to reduce the amount of stormwater runoff.

(2)

All ingress or egress easements which provide corridors to the subject lot, not adjacent to a public right-of-way, shall be considered the same as a public right-of-way. Landscape requirements for easement corridors shall be the same as those required adjacent to public rights-of-way.

(3)

Significant existing trees and shrubs should be incorporated into the landscaping as much as possible.

(4)

All landscaping shall provide for unobstructed visibility at intersections as outlined in Chapter 17.41 of the Medical Lake Municipal Code, Sight Clearance for Intersection and Shoulder Sections.

(5)

Installation of landscape materials shall not obstruct access to fire hydrants, standpipes, sprinkler connections, utility vaults, telephone pedestals, and other public and private utility facilities.

(6)

Bark mulch gravel or other nonvegetative material shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material. Nonvegetative material is not a substitute for plant material.

(7)

Slopes shall not exceed a three to one ratio (width to height), in order to decrease erosion potential and assist in ease of maintenance.

(8)

Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety features of landscaping shall be discussed at the time of development plan review, if necessary.

(9)

For safety purposes, in landscaping not intended to provide a visual barrier, low growing canopies and over-growth shall be trimmed so as to provide clear view of activities within the landscaped area.

(10)

All trash containers shall be screened from abutting properties and streets by a one hundred percent sight-obscuring fence or wall and appropriate landscaping.

(11)

All outside storage areas shall be screened by fencing and landscaping a minimum of five feet in depth unless it is determined by development plan review that such screening is not necessary because stored materials are not visually obtrusive. The five-foot-deep landscaped area can occur within the street right-of-way abutting the property line. Landscaping shall be placed outside of sight-obscuring or one hundred percent sight-obscuring fences unless it is determined by the planning director that such arrangement would be detrimental to the stated purpose of this chapter.

(12)

Installation of landscape materials shall not obstruct access to fire hydrants, standpipes, sprinkler connections, utility vaults, telephone pedestals, and other public and private utility facilities.

(13)

All landscaping and screening required under this section shall be installed prior to occupancy of the development. In the event that landscaping improvements cannot be installed prior to application for occupancy, a cash deposit equal to one hundred twenty percent of the estimated installation costs shall be required. Such deposit shall be accompanied by a letter which shall stipulate completion of all landscape development no later than six months after the issuance of the certificate of occupancy or date of final approval, whichever is later. If these conditions are not met, the city may use the deposit to perform the landscape development. If the landscaping is finished as stipulated in this chapter, the city will return subject deposit in full to the party in which the agreement is reached.

(Ord. 876 §127, 1999).

(a)

Type I Landscaping. The purpose of Type I landscaping is to provide a very dense sight barrier to significantly separate non-compatible uses and land use districts. Existing natural buffers are encouraged but may need additional width or be augmented with additional landscaping.

(1)

All plant materials and living groundcover must be selected and maintained so that the entire landscape area will be covered a minimum of seventy-five percent within five years. with maximum coverage in eight years.

(2)

Any combination of trees (deciduous or evergreen), shrubs earthen berms and related plant materials or design provided, that the resultant effect is sight-obscuring from adjoining properties.

(3)

All trees and shrubs must be capable of growing to a minimum six feet and three and one-half feet in height respectively.

(4)

Evergreen trees used in Type I Landscaping must be an average of six feet in height.

(b)

Type II Landscaping. Type II landscaping is intended to create a visual separation that is not necessarily one hundred percent sight-obscuring between incompatible uses. This type of landscaping is intended to create visually aesthetic corridors and to help promote linkages between neighborhoods, commercial, industrial and recreational areas.

(1)

All plant materials and living groundcover must be selected and maintained so that the entire landscape area will be covered a minimum of seventy-five percent within five years, with maximum coverage in eight years.

(2)

Evergreen trees used in Type II landscaping must be average height of four feet at planting.

(3)

It is encouraged that Type II landscaping areas contain pedestrian amenities such as benches, water fountains, etc. However areas planted in grass shall be designed and constructed in a manner that will make possible normal maintenance such as mowing and watering.

(c)

Type III Landscaping. Type III landscaping is intended to provide visual relief where clear sight is desired, pedestrian plazas, green areas, around signs, intersections, parking areas, at the base of buildings or other similar areas.

(1)

All plant materials and living ground cover must be selected and maintained so that the entire landscape area will be covered a minimum of seventy-five percent within five years, with maximum coverage in eight years.

(2)

Type Ill landscaping materials shall consist of trees planted with supporting shrubs, flowers, or groundcover. Grass is acceptable ground cover for all areas.

(3)

Evergreen trees shall be an average height of four feet or higher at planting.

(Ord. 876 §128, 1999).

Landscaping regulations for specific zoning districts are as follows:

(1)

R-1, Single-Family Residential. None.

(2)

R-2, Duplex or Two Single-Family. None.

(3)

R-3, Multi-Family Residential District.

(A)

Where a multiple-family or professional office structure is located adjacent to property zoned as single-family residential, all parking and loading areas must be screened from the single-family residential lots by either Type I or Type II landscape techniques for visual screening.

(B)

Open green area shall occupy no less than twenty-five percent of the area of the lot.

(C)

A minimum of five feet of foundation landscaping shall be placed along the perimeter of any multifamily or professional office structure. Foundation landscaping consists of any combination of Types I, II, and III landscaping which helps to reduce the visual bulk of structures and buffer dwelling units from light, glare and other environmental intrusions.

(4)

C-1, Commercial District.

(A)

The side perimeter of property abutting a residential district shall be landscaped to a minimum width of ten feet, and a visual screen shall be maintained using Type I or Type II landscaping, as deemed necessary by the planning director, techniques to screen any parking or loading areas adjacent to such lots.

(B)

Street trees and planters are desired to create a visual screen and/or visually interrupt large open spaces of parking areas.

(5)

L-I, Light Industrial.

(A)

Front Yard. The front ten feet shall be improved with appropriate permanently maintained Type I or Type II landscaping as determined by the planning director.

(B)

Side Yard. At least five feet of the side yard shall be landscaped with permanently maintained Type I or Type II landscaping as determined by the planning director.

(C)

Where light industrial uses are located adjacent to residential zoned lots, all parking or loading areas must be screened from the residential lots by either Type I or Type II landscape techniques for visual screening.

(Ord. 876 §129, 1999).

Whenever landscaping is or has been required in accordance with the provisions of this title or any addition or amendments to this title, or in accordance with the provisions of any previous code or ordinance of the city landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

(1)

Notice of Violation. The planning director or a designated representative is authorized and empowered to notify the owner of any property required to be landscaped, or the agent, tenant, lessee or assignee of any such owner, that the landscaping is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which the maintenance must be accomplished, and shall be sent by certified mail, addressed to the owner at his last known address.

(2)

Action Upon Noncompliance.

(A)

Upon the failure, neglect or refusal of any owner or agent so notified to perform the required maintenance within the time specified in the written notice, or within fifteen days after the date of such notice if the notice is returned to the city by the post office department because of inability to make delivery thereof, provided the notice was properly addressed to the last known address of the owner or agent, the planning director or a designated representative is authorized and empowered to cause the required maintenance to be done and provide for payment of the cost thereof with the cost to be collected or taxed against the property affected as provided in this section.

(B)

Charge for Maintenance by City. When the city has performed landscape maintenance or has paid for such maintenance, the actual cost thereof plus accrued interest at the rate of eight percent per year from the date of the completion of work may be charged to the owner of such property by invoice by the city, and if so charged shall be due and payable by the owner.

(C)

Alternative Methods of Collection of Charges. In addition to or in lieu of the provision of subsections (2)(A) and (B) of this section, the city may, at its option. commence a civil action in any court of competent jurisdiction to collect for any charges incurred by the city for performance of maintenance as provided in subsection (2) of this section.

(Ord. 876 §130, 1999).